Victory Transport Inc. v. COMISARIA GENERAL, ETC.

MURPHY, District Judge.

In opposition to the petition of Victory Transport Incorporated to compel arbitration, the respondent cross-moves to vacate service of the petition and further to dismiss the petition on the grounds that (a) respondent is not subject to the jurisdiction of this court by reason of its sovereign immunity and (b) this court is without jurisdiction over the controversy.

Since a decision on the cross-motions will be dispositive of the petition we will treat them first.

Very briefly, the facts are these. Petitioner, as owner of the vessel S.S. Hudson, voyage chartered her to…